Loading...
07/17/2018 06J 2018 Stormwater Projects Agreement with Perteet, Inc.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.J. For Meeting of: July 17, 2018 ITEM TITLE: Resolution authorizing an agreement with Perteet, Inc., in an amount not to exceed $259,800, for Engineering Services in the design, development, inspection and construction management of the 2018 Stormwater Projects citywide improvements SUBMITTED BY: Scott Schafer, Director of Public Works Brett Sheffield, Chief Engineer, 576-6797 SUMMARY EXPLANATION: This is a resolution authorizing a Professional Services Agreement with Perteet, Inc., for the development of plans, specifications and estimates, along with inspection and construction management services required to address several identified stormwater issues throughout the City of Yakima. Using the Municipal Research and Services Center (MRSC) of Washington Roster, a statewide small works and consultants roster system, the City submitted Request for Qualifications to three engineering consulting firms. Followed by a competitive selection process, the City selected Perteet, Inc. Perteet, Inc. was determined to be the most qualified to perform the needed design work on the City's stormwater system. The the project locations are: 1. SummitviewAvenue and N. 7th Avenue 2. Englewood Avenue and N. 59th Avenue vicinity 3. N. 65th Avenue and Englewood Avenue 4. N. 48th Avenue and Webster Road 5. N. 48th Avenue and Viewland Drive 6. N. 48th Avenue and Madera Way 7. S. 15th Avenue and W. Mead Avenue The terms of the Agreement would be in an amount not to exceed $259,800. (See attached Agreement with Exhibits A, B and C). Fund 442 will cover the expenses. Exhibit A of the Agreement describes the Scope of Work. Exhibit B of the Agreement describes the Professional Fees per project. Exhibit C of the Agreement describes the Schedule of Rates. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date • resolution 7/10/2018 • Professional SenAces Agreement 6;29/2018 Type Omer Memo Cover Memo 2 A RESOLUTION 3 RESOLUTION NO. 2018 - authorizing an Agreement with Perteet, Inc., not to exceed $259,800, for the engineering design and development of Plans, Specifications and Estimates, along with inspection and construction management services for the 2018 Stormwater Projects project. WHEREAS, the Stormwater Division of the Public Works Department has funding available to address seven locations with stormwater runoff issues; and, WHEREAS, the City desires to hire an engineering consulting firm to develop the plans and specifications, and perform the inspection and construction management services required to construct these projects; and, WHEREAS, the City of Yakima has followed the procedure established by the State of Washington to select and recommend an engineering consulting firm using the Municipal Research and Service Center Professional Services Roster process to select a firm to perform the design work; and WHEREAS, Perteet, Inc. was determined to be the most qualified to perform the needed work at this time; and WHEREAS, the Scope of Work and Budget included in this Professional Services Agreement meet the needs and requirements of the City of Yakima for this project; and, WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to enter into a professional services agreement with Perteet, Inc. to perform the required engineering services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement with Perteet, Inc., attached hereto and incorporated herein by this reference not to exceed Two Hundred Fifty -Nine Thousand Eight Hundred Dollars ($259,800) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 10th day of July, 2018. Kathy Coffey, Mayor ATTEST: Sonya Claar Tee, City Clerk For City of Yakima Use Only: Contract No. Project No. Resolution No. SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND PERTEET, INC. FOR PROFESSIONAL SERVICES 4 THIS AGREEMENT, made and entered into on this day of , 2018, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Perteet, Inc., with its principal office at 2707 Colby Avenue, Suite 900, Everett, WA 98201, hereinafter referred to as "ENGINEER"; said corporation and its principal engineers are licensed and registered to do business in the State of Washington, and will provide consulting services under this Agreement for the development of the 2018 Stormwater Projects on behalf of the City of Yakima, Project No. 2469, herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for developing the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Kirk Holmes as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "2018 Stormwater Projects" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 5 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions there from. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. 6 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges plus a reasonable markup, not to exceed ten percent (10%) and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. 5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Two Hundred Fifty -Nine Thousand Eight Hundred Dollars ($259,800). The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and 7 withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW 39.76.020(4). 5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-five (45) days after satisfactory completion of the services required by this Agreement as evidenced by written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the ENGINEER of a release of all known payment claims against CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected and appointed officials, agents, officers, employees, and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys' fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any 8 negligent act, action, default, error or omission or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the Engineer, the Engineer shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any 9 governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated. 7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and/or to the public. SECTION 8 REUSE OF DOCUMENTS 8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorneys fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including, without limitation, litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or omissions. 8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be vested in the CITY. 8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter "Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual Property. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. Section 10. Inspection and Production of Records 10 10.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the approval of the CITY, but the making of (or failure or delay in making) such inspection or approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this Agreement, notwithstanding the CITY'S knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. ENGINEER shall provide the CITY sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. ENGINEER'S records relating to the WORK will be provided to the CITY upon the CITY'S request. 10.2 ENGINEER shall promptly furnish the CITY with such information and records which are related to the WORK of this Agreement as may be requested by the CITY. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, ENGINEER shall retain and provide the CITY access to (and the CITY shall have the right to examine, audit and copy) all of ENGINEER'S books, documents, papers and records which are related to the WORK performed by ENGINEER under this Agreement. 10.3 All records relating to ENGINEER'S WORK under this Agreement must be made available to the CITY, and also produced to third parties, if required pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All records relating to ENGINEER'S WORK under this Agreement must be retained by ENGINEER for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. SECTION 11 INSURANCE 11.1 At all times during performance of WORK, ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional insured for such higher limits. Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. Subcontractors: If subcontractors will be used, the same terms and limits of coverage will apply and a certificate will be required per the instructions above. In lieu of a certificate, contractor may provide confirmation in writing from their insurance broker that their insurance policy does not contain a subcontract exclusion or one relating to the work of others. 11.1.2. Commercial Automobile Liability Insurance. 11 a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 11.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 11.1.2.a. and Section 11.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 11.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 11.1.4. Professional Liability Coverage. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives there under. The CITY and the CITY'S elected and appointed officials, officers, principals, employees, representatives, volunteers and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. SECTION 12 SUBCONTRACTS 12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 12 12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 13 ASSIGNMENT 13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 14 INTEGRATION 14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 15 JURISDICTION AND VENUE 15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of Washington. SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION 16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, or any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 17 SUSPENSION OF WORK 17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 18. SECTION 18 TERMINATION OF WORK 13 18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. 18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 18.4 of this Section. 18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 18.3 of this Section. SECTION 19 DISPUTE RESOLUTION 19.1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event of a notice of default as to whether such default does constitute a breach of the Agreement, and if 14 the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 15 SECTION 20 NOTICE 20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 202 W. Pine Street Yakima, WA 98901 Attn: Randy Meloy ENGINEER: Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Attn: Kirk Holmes SECTION 21 SURVIVAL 21.1 The foregoing sections of this Agreement shall survive the expiration or termination of this Agreement in accordance with their terms. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA Cliff Moore Printed Name:. Title: City Manager Date: Attest City Clerk Signature Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA 16 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA 17 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: EXHIBIT A 2018 STORMVVATER PROJECTS Agreement with Perteet Inc. 18 June 2018 INTRODUCTION The City of Yakima (CITY) in 2016, and in other years, has experienced extreme rain events that caused significant damage to properties throughout the City. The CITY has reviewed the flood prone areas and identified eight project locations to alleviate flooding. It is anticipated that the stormwater solutions may include some combination of swale, UIC or other infiltrating BMPs to control the flooding. The overall work will include civil engineering, geotechnical investigations and survey and will take the projects from concept through construction services. The work will be to incorporate stormwater BMPs into the project sites, develop and design stormwater BMPs, develop plans, specifications and estimates for the construction of these projects and perform project management during construction. These projects will be prepared as a single construction package and the CITY plans to advertise in the fall of 2018 for the 2019 construction season. The following are the sites that are identified in the RFP and in follow-up discussions with the CITY: • Summitview Avenue and N. 7'" Avenue • Englewood Avenue and N. 59' Avenue vicinity • N. 65' Avenue and Englewood Avenue • N. 48' Avenue and Webster Road • N. 48' Avenue and Viewland Drive • N. 48' Avenue and Madera Way • S. 15' Avenue and W. Mead Avenue • S. 56' Avenue and W. Arlington Street* *S. 56' Avenue and W. Arlington Street site will only go through the 30% design task and the initial geotechnical investigations. Survey will not be completed for this site. TASKS The following tasks will be performed under this Scope of Services: Task 1 — Project Management Task 2 — 30%/Concept Development (GIS basemap) Task 3 — 60% Design Documents Task 4 — 90% Design Documents Task 5 — Geotechnical Engineering Services Task 6 — Site Mapping/Survey Task 7 — Landscape Architecture Task 8 — Bid/Construction Documents Task 9 — Bid Support Task 10 — Construction Services Task 1 — Project Management As the first order of work, Perteet (CONSULTANT) will schedule a kickoff meeting and develop a brief project work plan which will include: • Project goals and vision • Project budget 1 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 19 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 • Project schedule • Project organization plan with key contacts, project stakeholders, and team responsibilities • Communication plan A draft of the project plan will be handed out to the design team and the CITY at the kickoff meeting. As part of the project, the CONSULTANT will prepare monthly progress reports that describe the work items and percentage of work items that were accomplished during a given month, as well as a forecast of work to be completed over the following month. The monthly progress reports will also identify any other issues or problems that may occur in any given month. The CONSULTANT will submit these monthly progress reports to the CITY's Project Manager with the monthly invoices. The CONSULTANT Project Manager will notify the CITY's Project Manager, in writing (memo format), of any out of scope and/or budgetary issues that are inconsistent with this Scope of Work. The CITY and the CONSULTANT will hold approximately bi-weekly project coordination calls. Work Elements: • Prepare meeting agenda and minutes for kickoff meeting. • Facilitate project kickoff meeting. • Prepare work plan. • Prepare project schedule and updates. • Manage subconsultant activities. • Prepare monthly progress reports/invoices. • Biweekly coordination calls with the CITY Assumptions: • This contract duration shall be no longer than fifteen (15) months, roughly July 2018 to September 2019. • Project kickoff meeting will be held at the CITY. • Maximum of two (2) project schedule updates will be prepared. • Project meetings will be held at the CITY. • Perteet will coordinate with subconsultants via e-mails, meetings and biweekly 15 minute phone calls. Deliverables: • Kickoff Meeting Agenda and Minutes • Work Plan Memorandum • Project Schedule (Item, bulleted format) and up to two (2) updates • Kickoff Meeting Agenda and Minutes Task 2 — 30% Concept Development (GIS basemap) The intent of this task is to establish project understanding, perform initial site investigations and develop stormwater best management practices (BMP) 30% design concepts for each site or group of sites. To do this, Perteet will meet with CITY staff, gathering existing documents (including GIS, reports of incidences, documents, etc.) and performing site visits. With this existing data, Perteet will prepare basemaps using GIS data that will be used to work collaboratively with the CITY to develop stormwater conceptual designs for the stormwater sites. 30% concepts will be developed for all eight sites and the preferred concept for each site will be developed in 2 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 20 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 future phases. The 30% concepts will be presented to the CITY for review. The S. 56' Avenue and W. Arlington Street site 30% designs and will not progress into the following design phases. Task 2A — 30% Design Development and Cost Estimates The intent of this task is evaluate BMP concepts for each site, choose a concept to take to 30% design and to prepare 30% design level cost estimates. Work Elements: • Gather and review existing data • Prepare agenda and minutes for workshop. • Perform a workshop style meeting with CITY staff • Perform one (1) site visit with CITY staff • Develop stormwater BMP 30% design concepts for each site (12 maximum) • Develop 30% design level cost estimates, nine (9) total • Perform an over -the -shoulder constructability review of 30% designs • Meet with affected neighbors (as requested by the CITY) to convey concept stormwater designs Assumptions: • All sites will be visited in a single day • Initial site visit and meetings with neighbors will be performed on the same day as workshop meeting with CITY staff • Concepts for workshop meeting will be hand drawn figures on GIS basemaps Deliverables: • 30% Designs Concepts, up to 9 plan sheets (one per site, plus and extra for S. 56' Avenue and W. Arlington Street), PDFs delivered electronically • 30% Cost Estimates for the preferred concept for each site plus one (1) additional for the second 30% concept for the S. 56' Avenue and W. Arlington Street site, nine (9) 30% cost estimates , PDFs delivered electronically Task 2B — Preliminary Stormwater Calculations and Basin Delineation The intent of this task is to delineate contributing drainage basins for each project site and to perform preliminary BMP sizing for evaluation during concept development Work Elements: • Delineate contributing drainage basins for each site. • Perform preliminary stormwater calculations Assumptions: • Preliminary stormwater calculations are based on an assumed long term infiltration rate of 2 in/hr. Deliverables: • Preliminary BMP sizing 3 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 21 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 Task 3 — 60% Design Documents The intent of this task is to continue to develop the chosen stormwater BMP concept designs and documents. This phase will be based on survey rather than GIS basemaps and will use geotechnical recommended infiltration rates for detailed facility sizing. Task 3A — 60% Plans and Outline Specifications The intent of this task is to add detail to the concept design, to prepare 60% plans and outline specifications for the project. Work Elements: • Develop concept designs to the 60% design level, including cover, notes, grading/stormwater, paving/utilities, landscape architecture, standard details, traffic control plans • Prepare draft outline specifications • Attend meeting one (1) meeting in Yakima by one member of the CONSULTANT team. Assumptions: • SEPA is not required. SEPA checklist is not included and will be completed by the City if required. Deliverables: • 60% Plans PDFs delivered via electronically: O 1- cover sheet O 2- notes sheet O 7- grading/stormwater plan and profiles O 7- paving/utilities plans O 4- civil and UIC detail sheets O 3- landscape and irrigation plans and details (by MT -LA, if needed) • Outline Specifications, PDF delivered electronically Task 3B — Stormwater Calculations and DRAFT Technical Information Report (TIR) The intent of this task is to refine preliminary stormwater facility sizing calculations and to prepare a draft TIR for the overall project. Work Elements: • Update stormwater calculations based on geotechnical recommended infiltration rates • Prepare draft stormwater technical information report (TIR) Assumptions: • 60% stormwater calculations will be based on the geotechnical recommended infiltration rates. • 60% facility sizing is final. • Assumes that 30% design comments are comprehensive. Deliverables: • 60% BMP facility sizing 4 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 22 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 • Draft Stormwater TIR, PDF, delivered electronically Task 4 — 90% Design Documents The intent of this task is to prepare 90% documents. 60% design comments will be incorporated and the designs will be progressed to 90% design submittal level. Task 4A — 90% Plans, Specifications and Cost Estimates The intent of this task is to add detail to the concept design, to prepare 90% plans and outline specifications for the project. Work Elements: • Address and incorporate as required CITY review comments on 60% plans and TIR. • Develop concept designs to the 90% design level, including cover, notes, TESC, grading/stormwater, paving/utilities, landscape architecture (if needed), standard and custom details, traffic control plans • Prepare draft specifications • Prepare construction cost estimate • Meet with affected neighbors (as requested by the CITY) to convey stormwater designs Assumptions: • The Contractor will be responsible for obtaining all other permits required to construct the projects, including but not limited to excavation permit and street break permits. • Assumes that 60% design comments are comprehensive. Deliverables: • Written response to 60% review comment, PDF delivered electronically • 90% Plans, six (6) hard copies delivered and PDFs delivered via electronically: O 1- cover sheet O 2- notes sheet O 7-TESC plans O 7- grading/stormwater plan and profiles O 7- paving/utilities plans O 4- civil and UIC detail sheets O 3- landscape and irrigation plans and details (by MT -LA, if needed) • Draft Division 2 through 9 Specifications, PDFs delivered electronically • 90% construction cost estimate, PDFs delivered electronically Task 4B — Stormwater Calculations and TIR The intent of this task is to refine preliminary stormwater facility sizing calculations and to prepare a permit TIR for the overall project. Work Elements: • Finalize stormwater calculations based on infiltration testing • Prepare permit stormwater TIR 5 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 23 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 Assumptions: • Minimal changes to stormwater calculations and TIR from the 60% design level. • 90% Stormwater TIR is final. Deliverables: • Stormwater TIR, PDF, delivered electronically Task 5 — Geotechnical Engineering Services The intent of this task is to provide project coordination and review for geotechnical services and to provide the required geotechnical services for the projects. Work provided by Perteet includes: • Investigation — boring location identification for 2 sites, GIS with aerial site plans with locations, 2 plans • Review of draft geotech investigations report, provide comments to Aspect Services to be performed by Aspect Consulting: Aspect will provide geotechnical investigations and Underground Injection Control (UIC) facility design guidance. Geotechnical work will include directing soil borings, logging soils, analyzing soil engineering properties, and completing a slope stability analysis. In addition to the standard geotechnical investigation, Aspect will analyze soil chemistry related to stormwater treatment ability and estimate long term infiltration rates for the design of surface and subsurface stormwater infiltration systems. A geotechnical report will be provided to document Aspect's investigations and recommendations. It is assumed that Aspect's involvement in the concept development and design phase work includes: • Planning and conducting limited geotechnical investigations. • Reviewing and analyzing geotechnical data provided by the City. • UIC facility (drywells, infiltration trenches) siting and design guidance. It is also assumed that concept development work will cover up to eight separate locations, one of which is in a lower traffic area and seven of which involve medium-high to high traffic roads. The City has indicated that formal/active traffic control will not be needed during geotechnical and infiltration field work (or will be provided by the City). The identified drainage problem spots are: 1. South 56' Avenue at Arlington Avenue (low traffic area) — only through Concept Development 2. North 48' Avenue at Webster Avenue (medium-high traffic area) 3. North 48' Avenue at Viewland Drive (medium-high traffic area) 4. North 48' Avenue at Madera Way (medium-high traffic area) 5. Englewood Avenue at North 65' Avenue (medium-high traffic area) 6. Englewood Avenue between 58' and 62" Avenue (medium-high traffic area) 7. 15' Avenue at West Mead Avenue (high traffic area) 8. Summitview Avenue at North 7' Avenue (high traffic area) 6 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 24 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 Task 5.1 — Project Start -Up and Kick -Off Aspect will: 5.1.1 Complete project set-up work upon notice to proceed. 5.1.2 Attend the project Kick-off meeting with the City. Task 5.1 - Assumptions • Maximum of two-hour kick-off meeting, no preparations. Task 5.2 — Geotechnical Report and UIC Concept Development Aspect will: 5.2.1 Coordinate with Perteet during the concept development phase of work. 5.2.2 Gather and review site data such as aerial photos, drainage problem photos, soils, topography, groundwater, land use, utilities, parcels and ROW, and traffic levels. 5.2.3 Prepare for and attend a site visit with Perteet to help inventory conditions and constraints, and provide input regarding potential conceptual drainage solutions. 5.2.4 Coordinate geotechnical exploration needs and timing with Perteet and the City. 5.2.5 Submit a "Call -Before -You -Dig" public utility request at proposed exploration locations. 5.2.6 Complete a site reconnaissance at two exploration sites to coordinate drilling locations and observe location of existing utilities. 5.2.7 Prepare and submit a brief geotechnical exploration plan including proposed schedule and safety plan to Perteet and the City for review and approval. 5.2.8 Direct and document 2 soil borings with Standard Penetration Test (SPT) soil sampling at 2.5 to 5 -foot intervals at the sites using a truck mounted drill rig working under vendor contract to Aspect. Soil borings will be drilled to depths of up to 25 feet each at the following locations (City to provide available geotechnical data for the six sites not bored): O Englewood Avenue at North 65' Avenue (medium-high traffic area) O Englewood Avenue between 58' and 62" Avenue (medium-high traffic area) Confining layers such as caliche will be noted in the boring logs. Borings will be backfilled in accordance with Ecology requirements and pavement patched with fast -set concrete. 5.2.9 Submit selected soil samples to a geotechnical soil testing laboratory for moisture content and grain size analysis testing. Laboratory testing will also include parameters related to soil stormwater treatment capacity (Cation Exchange Capacity, Percent Organic Matter). 5.2.10 Develop exploration logs depicting the observed and inferred subsurface soil and groundwater conditions. 5.2.11 Obtain and review geotechnical data/reports provided by the City for retrofit sites where Aspect borings are not conducted. Complete analysis of boring data and City provided data and develop a Draft Geotechnical Site Characteristic Report providing exploration maps and logs, subsurface characterization and design and construction considerations/recommendations for: O Earthwork including open -trench, shored excavation and dewatering considerations. O Vertical support/bearing, settlement estimates, and subgrade preparation for infiltration utilities (concrete manholes, vaults, pipes). O Subgrade preparation for pavements and sidewalks. O Bedding, structural fill, geotextiles materials, and opinions for re -use of on-site soil and compaction criteria. O Stability of slope adjacent to infiltration system (one site). O General suitability of site soil for stormwater infiltration, depth to restrictive layers, and preliminary infiltration rates based on soil type and grain size analysis results. 7 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 25 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 The Geotechnical Site Characteristic Report (GSR) will be provided as a final document with no review cycle. 5.2.12 Respond to Perteet comments on the Draft GSR, make revisions, and prepare the Final GSR. 5.2.13 Coordinate with Perteet to obtain hydrology information for each site, including peak flows and hydrographs contributing to each potential UIC location. 5.2.14 Develop UIC concepts/30% design. O Prepare conceptual number, location, length of drywells and infiltration trenches based on preliminary infiltration characteristics. Identify expected UIC pretreatment requirements (any surface or vault BMPs by Perteet). O Prepare UIC sketches and provide to Perteet for QA/QC review and comment. O Respond to Perteet comments on the UIC concepts, make minor revisions as requested, and provide the revised concepts to Perteet. 5.2.15 Participate in a stormwater solution concepts review meeting with Perteet and the City. Task 5.2 - Deliverables • Geotechnical exploration plan including proposed schedule and safety plan. • Final Geotechnical Site Characteristic Report, including preliminary estimates of infiltration rates. • UIC concept sketches. Task 5.2 - Assumptions • Total of 6 hours time for one Aspect Project Engineer to participate in the planning site visit. • A total of 2 geotechnical exploration borings (one per site at two of the eight sites). • Assumes the City will provide relevant geotechnical data records for the 6 sites not bored, and that data is provided in an organized format in a timely manner that does not affect the project schedule. • No more than one 10 -hour day by one Aspect staff to direct geotechnical borings, log soils, collect samples for lab analysis, and deliver/send samples to the lab. • Not traffic control is anticipated as needed for the two borings. It is anticipated that there is sufficient right-of-way available for geotechnical equipment to be sufficiently out of the path of travel. • City addresses all coordination with property owners related to geotechnical testing. • No more than $8,000 in driller vendor costs to complete geotechnical drilling work. • No more than $594 for soils sample grain size analysis (no fines grain size analysis) and stormwater treatment property tests. • No geotechnical testing permitting or permitting costs. • The City will provide available maps of existing utilities at the Sites and any existing geologic and geotechnical studies or information within the project vicinity, as available. • Work hours for drilling will be at least 7AM to 7PM, or not limited. • Right -of -entry onto the site will be provided by the City to complete the explorations. • Concrete cement coring will not be required. • Patching of pavements with fast -set concrete is acceptable to the City and will not require performance bond. • Soil cuttings produced by the drilling if possible may be spread and disposed of on site. If site conditions do not allow onsite disposal, the cuttings will be placed into drums or a trailer and hauled off site for 8 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 26 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 proper disposal. It is anticipated that soils will not be contaminated and can disposed of at a standard landfill. • Environmental sampling or monitoring is not included in this scope of work. We will notify Perteet and the City if soil conditions (sheen, odor, etc.) suggest environmentally impacted materials are present. • Perteet delineates drainage basins, completes site hydrologic calculations, and provides runoff peak discharges and hydrographs (6 month and 25 year) to Aspect for use in UIC sizing. • UIC level of service design target is complete retention and infiltration of the 25 year -24 hour runoff volume contributing to each UIC facility. • Solutions analysis does not include "up -basin" UIC analysis or retrofit concepts. • Perteet addresses concepts for surface stormwater BMPs as well as any proprietary vault type treatment BMPs. • Only minor changes to UIC concepts are necessary after Perteet QA/QC review and City review of the UIC sketches. Task 5.3 —UIC Design Development Support Aspect will: 5.3.1. Provide flexible time and materials support to Perteet designers within Aspect's established Task 5.3 budget ($3,050). Task 5.3 - Products • To be determined but could include: o Standard UIC details. O Comments on 60% UIC design package. o Input for the Stormwater Site Plan/Technical Information Report. Task 5.3 - Assumptions • Perteet completes all design work. • Aspect's UIC design development support is limited to providing flexible T&M support up to $3050. Support beyond this level will require additional funds. Task 6 — Site Mapping/Survey Services to be performed by Cruse and Associates: Topographic survey of the existing improvements as outlined in the June 11, 2018 exhibits. All work will be provided in CAD files with surface information ready for design. Survey will include existing centerline monuments in all drawing files and the boundary of Tract "X" at N. 65'h Avenue and Englewood Avenue, but does not include determining centerlines and rights of ways or recording surveys with the Auditor. Work includes locating utilities as marked by WA One Call. Assumptions: • Private locate service not included. • Traffic control is not included. • Extents of survey and scope are based on figures from the CITY received on June 11, 2018. • No property boundary or right of way survey will be completed except Tract "X" at the N. 65th Avenue and Englewood Avenue site. 9 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 27 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 • Surveys will be relativistic to the individual site and site features and tied to benchmarks established at each site. Deliverables: • Topographic survey for: O Intersection of Summitview Ave. & N. 7th Ave. O Intersection of Englewood Ave. & N. 59th projected O Intersection of N. 65th Ave. & Englewood Ave. O Intersections of N. 48th Ave. with Webster Rd., Viewland Dr., Modesto Way & Madera Way O Intersection of S. 15th Ave. &W. Mead Ave. Task 7 — Landscape Architecture Landscape architecture will be provided on an as needed basis and would be funded through approval for use of Management Reserve Funds. Task 8 — Bid/Construction Documents The intent of this task is to prepare bid ready construction documents. 90% design comments will be incorporated and the designs will be progressed to bid/construction document level. Work Elements: • Address and incorporate 90% design comments. • Prepare bid documents: cover, notes, TESC, grading/stormwater, paving/utilities, landscape architecture, standard and custom details, TIR, and specifications Assumptions: • Assumes that 90% comments are minimal and that previous submittal review comments were comprehensive. • The CITY will provide front end, Division 1 specifications for inclusion into the project documents. • Specifications are in WSDOT Special Provision format. Deliverables: • Written response to permit comments, hardcopy and PDF delivered electronically • Bid/Construction Documents Submittal: plans and TIR, hard copies delivered O 1- cover sheet O 2- notes sheet O 7-TESC plans O 7- grading/stormwater plan and profiles O 7- paving/utilities plans O 3- civil and UIC detail sheets O 3- landscape and irrigation plans and details (by MT -LA, if needed) • Final Bid/Construction Documents (Plans, Division 2 through 9 Specifications and TIR), hard copies delivered and PDFs delivered electronically 10 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 28 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 Task 9 — Bid Support The intent of this task is to provide support to the CITY in response to requests and questions that arise during the bidding process. Work Elements: • Package bid documents for bid advertisement • Attend pre-bid meeting • Respond to bidder questions • Prepare up to two (2) addendums • Prepare conformed set of documents, if necessary. • Participate in the bid opening, evaluate bids, prepare bid tabulation and make recommendation of award. Assumptions: • The CITY will post bid documents to bidder exchange or other document platform for advertisement. • All bid advertisement fees are paid by the CITY. Deliverables: • Six (6) hard copies of contract documents and an electronic copy on CD/DVD delivered to the CITY • Response to bidder questions/RFI, PDFs delivered electronically • Addendums, if necessary, PDFs delivered electronically • Bid evaluation, tabulation and recommendation of award, PDF delivered electronically • Conformed set documents, if necessary Task 10 — Construction Services The intent of this task is to provide construction services for the projects, including administration services such as file management and working day tracking through field inspection services and preparing daily construction reports. Task 10A — Contract Administration The intent of this task is to provide and track the construction administration for the projects, including coordination between entities, submittal processing and records keeping for the construction activities. Work Elements: • Liaise with the CITY, construction contractor, CONSULTANTS, appropriate agencies, property owners and utilities • Manage submittal process: track, review/coordinate review, work plans, shop drawings, samples, test reports and other data submittals • Develop and maintain a Record of Materials: defining material approvals, compliance documentation, and testing requirements. Maintain records of compliance documentation and communicate any deficiencies 11 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 29 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 • Prepare weekly statement of working days and distribution to the CITY and Contractor • Change management: evaluate entitlement and prepare scope, impact and independent estimate for change orders. Facilitate resolution • Monthly pay requests: prepare requests for payment in accordance with Field Note Records (FNR) and/or review payment requests submitted by the contractor and recommend approval as appropriate. • Evaluate Contractor's schedule of values for lump sum items and review the contract price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. • Assist the CITY to investigate malfunctions or failures during construction • Record drawings: Monthly review the Contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items as encountered by the construction team. Use these mark-ups to check the progress of the Contractor - prepared Record Drawings. • Document Control: Establish and maintain document filing and tracking systems, following City guidelines and meeting requirements of funding agencies. Collect, organize and prepare documentation on the Project. • Project closeout: Prepare certificates of substantial (including punch list), physical and final completion for CITY approval and signature. Prepare final pay estimate for CITY approval and processing. • Final records: Compile and convey final Project records, transferring to the CITY for archiving at final acceptance of the project. Records will consist of hard copy original and electronic records on CD/DVD or flash drive as requested by the City. Assumptions: • The CITY will review and track Contractor Request to Sublet Work and certified payroll reports. • Submittals will be received in packages, 3 original and 3 resubmittal packages, six (6) total • Assume eight (8) RFIs and responses total. • Duration of construction administration will be 11 weeks • The CITY will review the sites at substantial completion and provide punch list items to the CONSULTANT for compilation and distribution to the CONTRACTOR. Deliverables: • Submittal log • Record of materials • RFI Iog • Change orders • Progress payment requests and Field Note Records (FNR) • Certificates of completion • Final records — hard copy and electronic 12 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 30 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 Task 10B — Field Services The intent of this task is to provide field construction observation for the projects and to document daily construction activities, including materials tracking, daily logs of site conditions and progress. Work Elements: • Observe the technical conduct of the construction, including day-to-day contact with the construction contractor, the CITY, utilities and other stakeholders and monitor for adherence to the Contract Documents. The CONSULTANT's personnel will act in accordance with Section 1-05.1 and 1-05.2 of the Standard Specifications. • Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes and notify construction contractor of noncompliance. Advice the CITY of a non- conforming work observed during site visits. • Prepare daily construction reports, recording the construction contractor's operations as actually observed by the CONSULTANT; includes quantities of work place that day, Contractor's equipment and crews and other pertinent information. • Prepare Field Note Records (FNR) for material installed during each day's work. CONSULTANT's Inspector and Contractor's field representative will sign FNR within 24 hours of material installation. • Interpret Contract Documents, in coordination with Designer • Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. • Communicate with adjacent property owners. Respond to questions from property owners and the general public. • Attend and actively participate in regular on-site meetings. • Take periodic digital photographs during construction. Photographs will be labeled and organized as detailed in the CM Plan. • Punch Lists: Upon substantial completion of work, coordinate with the CITY and affected agencies to prepare a punch list of items to be completed or corrected. Coordinate final inspection with those agencies. Assumptions: • Testing: Testing shall be the responsibility of the Contractor. A clause will be included in the Special Provisions stating "Contractor is responsible for all material, laboratory and field testing and verification required for the contract." • Duration of construction field services will be 9 weeks Deliverables: • Daily construction reports with project photos • Field Note Records • Punch lists Items to be furnished by the CITY • Yakima logo • GIS data files • Specification boilerplate and front-end documents • Consolidated plan review comments at each submittal review 13 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc 31 2018 STORMWATER PROJECTS Agreement with Perteet Inc. June 2018 Services Performed by Others • Traffic Control Plans Optional Services Upon request, the following additional services could be added to the contract via an amendment to this Scope of Services: • Right-of-way plans and acquisition • Traffic Control Plans • Cultural and historical resources Time for Completion Tasks 1 through 8 will be completed in 6 months from issuance of the notice to proceed. Task 9 will be completed according to the required advertisement and award requirements for construction bidding opportunities. Task 10 will be completed in 3 months, the anticipated construction window, including project closeout. 14 File location: X:\Yakima, City of\Projects\20180064 - Yakima Stormwater Projects\Project Management\Contract\Original Contract\Yakima Stormwater Projects - Scope of Services CURRENT.doc E Project Yakima Stormwater Projects Client City of Yakima Patricia Buchanan PM EXHIBIT B Contract Start Date 7/16/2018 Contract End Date 10/11/2019 Contract Duration: 15 Months Last Update date 6/15/2018 Perteet Project No. 20180064.PRO Task Billing Rate Sr. Associate Sr. Engineer / Mgr Lead Engineer / Mgr Engineer I Lead Technician/ Designer Const Technician III Planner II Construction Engineer II Accountant Clerical Total Hours Labor Dollars $200.00 $180.00 $160.00 $100.00 $120.00 $100.00 $110.00 $110.00 $90.00 $80.00 Task 1 - Project Management 1.00 8.00 35.00 15.00 59.00 $8,590.00 Total Task 1 - Project Management 1.00 8 , 35.00 0.00 0.00 0.00 0.00 0.00 15.00 0.00 59.00 $8,590.00, Task 2 - Concept Development and 30% Design Task 2A - Concept Eval, 30% Design, Cost Estimates 1.00 8.00 16.00 32.00 16.00 4.00 77.00 $9,760.00 Task 2B - Prelim SW Calcs and Basin Delineation 3.00 4.00 24.00 31.00 $3,580.00 Total Task - Concept Development and 30% Design 1.00 11.00, 20.00 56.00 16.00 0.00 4.00 0.00 0.00 0.00 108.00 $13,340.04 Task 3 - 60% Design Task 3A - 60% Plan and Outline Specs 12.00 64.00 105.00 75.00 256.00 $31,900.00 Task 3B - SW Calcs and Draft TIR 8.00 6.00 24.00 4.00 42.00 $5,280.00 Total Task 3 - 60% Design 0.00 20.00 70.00 '129.00 79.00 13.00 0.00 0.00 0....00 0.00 298.00 $37,180.00, Task 4 - 90%/Permit Documents Task 4A - 90% Plans, Specs, Cost Estimates 1.00 20.00 38.00 62.00 27.00 1.00 149.00 $19,430.00 Task 4B - SW Calcs and TIR 6.00 2.00 8.00 2.00 18.00 $2,440.00 Total Task 4 - 90ermit Documents 1.00 26.00 40.00 70.00 29.00 0.00 1.00 0.00 0.00 0.00 167.00 $21,870.00 Task 5 - Geotechnical Services 2.00 4.00 32 6.00 $1,000.00 Total Task 5 - Geotechnical Services 0.00 2.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 $1,000.00 Task 6 - Site Mapping/Survey 1.00 4.00 5.00 $820.00 Total Task 6 - Site Mapping/Survey 0.00 1.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.00 $820.00 Task 8 - Bid/Construction Documents 4.00 20.00 18.00 13.00 4.00 59.00 $7,600.00 Total Task 8 - Bid/Construction Documents 1}.00 4.00 20.00 18.00 13.00 0.00 0.00 0.00 0.00 4.00 59.00 $7,600.00 Task 9 - Bid Support 2.00 10.00 8.00 6.00 4.00 30.00 $3,800.00 Total Task 9 -Bid Support 0.00 2.00 10.008.00 6.00 0.00 0.00 0.00 0.00 4.00 30.00 $3,800.011 Task 10 - Construction Services Task 10A - Contract Administration 4.00 60.00 120.00 24.00 208.00 $24,960.00 Task 10B - Field Services 12.00 360.00 372.00 $41,760.00 Total Task 10 - Construction Services 0.00 16.00 60.00 0.00 0.00 120.00 0.00 384.00 0.00 0.00 580.00 $66,720.00 Total Hours 3.00 90.00 263.00 281.00 143.00 120.00 5.00 384.00 15.00 8.00 1,312.00 Total Dollars $600.00 $16,200.00 $42,080.00 $28,100.00 $17,160.00 $12,000.00 $550.00 $42,240.00 $1,350.00 $640.00 $160,920.00 Expenses: Mileage - $.545 Totals: 1,855 1,855 SUMMARY Labor $160,920.00 Expenses $1,855.00 Subconsultants $87,000.00 Management Reserve $9,997.00 CONTRACT TOTAL $259,772.00 Subconsultant Fees: Aspect Consulting LLC Cruse and Associates, PLLC Michael Terrell - Landscape Architecture, PLLC Cost Markup Bill 50,000 37,000 50,000 37,000 Totals: 87,000 87,000 v7.6.720 (PBUCHANAN) - EXHIBIT "C" SCHEDULE OF RATES Engineering, Planning and Environmental Classifications Principal Senior Associate 2018 Hourly Rate 240.00 200.00 33 Senior Engineer/Manager Lead Engineer/Manager Specifications Writer Engineer III Engineer II Engineer I 180.00 160.00 160.00 130.00 120.00 100.00 Senior Planner/Manager Lead Planner/Manager Program Support Specialist III Program Support Specialist II Program Support Specialist I Planner III Planner II Planner I 160.00 140.00 120.00 110.00 80.00 120.00 110.00 80.00 Senior Ecologist/Manager Lead Ecologist/Manager Ecologist III Ecologist II Ecologist I 160.00 140.00 120.00 100.00 80.00 Lead Technician/Designer Technician III Technician II Technician I 120.00 100.00 80.00 70.00 Contract Administrator Accountant Graphics Specialist 100.00 90.00 90.00 Clerical 80.00 Expert Witness Rates: Consulting & Preparation Time @ standard hourly rates Court Proceedings & Depositions (4 hour minimum) @ 1.5 times hourly rates PERTEET, INC. Schedule of 2018 Billing Rates Page 2 Direct Expenses Rate Living & travel expenses outside of service area Cost plus 10 percent Authorized Subconsultants Cost plus 10 percent Outside Services (printing, traffic counts, etc.) Cost plus 10 percent CADD Station $10.00 per hour Project Controls / Primavera $10.00 per hour GIS / Traffic Modeling $15.00 per hour Color Copies $.80 each Mileage @ current federal rate Construction Classifications Construction Engineering Supervisor Construction Engineering Manager Construction Manager Assistant Construction Manager 2018 Hourly Rate 180.00 170.00 120.00 120.00 34 Construction Engineer III Construction Engineer II Construction Engineer I 130.00 110.00 100.00 Senior Construction Observer Construction Observer II Construction Observer I 120.00 80.00 70.00 Senior Construction Technician Construction Technician III Construction Technician II Construction Technician I 110.00 100.00 90.00 80.00